Tenant Assistance Package

Instructions & Checklist Tenant Assistance Policy Tenant Assistance Plan Freedom of Information and Protection of Privacy Act Guidelines Request for Tenant Assistance Form Sample Letter to Tenants Frequently Asked Questions (FAQ) for Rental Resources Final Tenant Assistance Report

City of Victoria Tenant Assistance Instructions & Checklist 1

Tenant Assistance Instructions & Checklist

Step One: Pre-Application

Review applicable policies• Review the rights and responsibilities of landlords and tenants as set out in the

provincially regulated Residential Tenancy Act.• Review the City of Victoria’s Tenant Assistance Policy and all documents in the

Tenant Assistance Package.• Determine Tenant Eligibility according to the Tenant Assistance Policy.

Pre-application meeting• It is recommended that applicants request a pre-application meeting with City

Housing Policy Staff to understand the policy as it will apply to your project. Contactthe Development Services Planner associated with your development application toset up a meeting.

Begin communicating with tenants• Inform tenants of the intent to redevelop and provide information on the process and

timelines involved, giving them the opportunity to identify needs and additionalassistance for inclusion on the Tenant Assistance Plan. The City’s sample letter canbe used as a template, as well as a Frequently Asked Question (FAQ) for moreinformation.

Begin developing a Draft Tenant Assistance Plan• Applicants developing a Tenant Assistance Plan should incorporate the needs and

additional assistance identified by tenants as well as a plan for communicating withtenants throughout the development process.

• The Tenant Assistance Policy provides guidelines including how to identify andprovide support for tenants requiring additional assistance with specialcircumstances.

• The Freedom of Information and Protection of Privacy Act Guidelines and theRequest for Tenant Assistance Form are given to tenants to verify and validatecomponents identified in the Tenant Assistance Plan.

Step Two: Tenant Assistance Plan Submission

Submit the Draft Tenant Assistance Plan ahead of or together with the rezoningapplication• Housing Policy Staff will provide comments on the draft Tenant Assistance Plan. The

applicant will then submit a Tenant Assistance Plan that incorporates staff feedback.• The final Tenant Assistance Plan will be included in the staff rezoning report.

City of Victoria Tenant Assistance Instructions & Checklist 2

Step Three: Development Approvals

Share the Final Tenant Assistance Plan with Tenants• Once your rezoning/development application and Tenant Assistance Plan have been

approved, notify your tenants and confirm details of the approved plan.

Step Four: Implementation

Give notice and implement plan• After receiving all required permits to commence work, issue notice to end tenancy

and complete all steps in your Tenant Assistance Plan.

Step Five: Final Report Submission

Submit the Final Tenant Assistance Plan• Prior to Occupancy Permit issuance, submit the Final Tenant Assistance Report to

inform the City of how the plan was completed.

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Tenant Assistance Policy Victoria Housing Strategy 2016 – 2025

1.0 Introduction

1.1 Victoria Renters

Renters account for a significant portion of the City of Victoria’s population and are an important part of the City’s social fabric.

Many of the renters live in older and lower-density rental stock, where over 80% of which were built in the 1960s and 1970s1. With a proportionally high percentage of renters in the City (61% of the total population)2 for the past several years, this rental stock is a vital component of the City’s overall supply of rental housing, with rental rates that are often lower than market average.

Renting also allows for median income households to live in Victoria. The median annual income of renters is $44,165, significantly lower than that of homeowners ($80,986)3.

1.2 Rental Housing Challenges

A healthy vacancy rate is considered to be between three to seven percent. With Victoria’s growing population, demand for rental housing, and low vacancy rate (1.1%)4, combined with limited increases in income and limited new supply of purpose-built rental housing in recent decades, the cost of housing for renters has significantly increased. Not only has the cost of rental increased but there has been an increase in home ownership costs that have been creating challenges for many households to purchase a home. The impact of increasing home ownership costs is that households that would have previously been seeking to buy a home are now opting to rent, putting additional pressure on the rental market. While renters of all incomes have experienced a dramatic increase in rents over the past number of years, the impact has been felt acutely by those on fixed or low incomes and single persons households, such as seniors, low income families, single parents, and low wage workers alongside others.

The demolition and replacement of rental buildings results in the displacement of tenants, an issue that is exacerbated by significantly higher rents in new buildings. Lack of affordable housing, especially affordable rental stock, is a significant factor that contributes to relatively high levels of homelessness in the city, with significant social and economic costs and impacts. Any loss of rental stock and displacement of existing tenants, especially tenants with additional assistance, is a serious challenge.

1 Market Rental Revitalization Report 2018 2 Statistics Canada Census 2016 3 Statistics Canada Census 2016 4 CMHC Rental Market Report 2018

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1.3 Policy Intent

The Tenant Assistance Policy has been developed to help mitigate the potential impacts of displacement on tenants by providing guidelines for developers and property owners to provide additional supports for tenants who are displaced as a result of major renovations or development.

2.0 Role of British Columbia Residential Tenancy Act

British Columbia’s Residential Tenancy Act (RTA) regulates all tenancy agreements in residential units across the province. The Tenant Assistance Policy and Guidelines are intended to augment the RTA and address challenges unique to Victoria. While these Guidelines outline some of the requirements for tenant support included in the RTA, they are not a comprehensive nor complete guide. In some instances, the RTA outlines penalties for non-compliance for items both included in these guidelines and omitted. It is important that both landlords and tenants understand their rights and responsibilities under the RTA.

For more information on Residential Tenancy Policy and guidelines, please refer to Residential Tenancy Policy Guideline 2.

2.1 Notice to End Tenancies

The RTA sets out minimum notice that a landlord must give tenants to move out in case of renovations to or demolition of an existing building. A landlord may issue a Notice to End Tenancy only after all necessary permits have been issued by the City. In addition, landlords must give four months’ notice to end tenancies for renovation, demolition, and conversions. Tenants have 30 days to dispute the notice.

For more information, please refer to the Landlord Notice to End Tenancy.

2.2 Renovations and Repairs

Under the RTA, renovations and repairs must be so extensive that they require the unit to be empty in order for them to take place, and the only way to achieve the necessary emptiness or vacancy is by terminating a tenancy. The RTA and associated guidelines provide specific guidance pertaining to whether a landlord may end a tenancy in order to undertake renovations or repairs to a rental unit.

For more information, please refer to Ending a Tenancy for Landlord’s use of Property.

2.3 Right of First Refusal

In instances of renovations or repairs requiring vacancy, the RTA requires tenants be offered the right of first refusal to enter into a new tenancy agreement at a rent determined by the landlord. This right of first refusal applies only to a rental unit in a residential property containing 5 or more units, and there are financial penalties for non-compliance.

For more information, please refer to Tenant Notice: Exercising Right of First Refusal.

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3.0 Policy Target

The application of the Tenant Assistance Policy are as follows:

• The Tenant Assistance Policy is applicable to rezoning applications to redevelop or demolish any building that will result in loss of existing residential rental units.

• This policy offers best practice guidelines that can also be used by all applicants who are seeking to renovate or redevelop existing residential rental units.

• This policy is intended to guide applicants and City staff as part of the application process but it is not intended to fetter Council’s discretion when dealing with individual applications, each of which will be evaluated on its own merits.

3.1 Applicable Housing Types

The applicable housing types are as follows:

• Market Rental Housing – private rental housing with rent determined by the market • Non-Market or Social Housing – housing that is rented at a price that is not set by market forces but

set and controlled over time by some other means

3.2 Eligible Tenants

Eligible Tenants are tenants who should be included in the Tenant Assistance Plan and includes all tenants who have resided in the building for one year or more at the time a rezoning application is submitted.

A tenant who has not resided in the property long enough to be an eligible tenant, including a tenant that moves into the property after the rezoning or development permit application is submitted to the City, is not required to be included in the Tenant Assistance Plan (but may be included at the applicant’s discretion).

In cases where an eligible tenant moves out prior to receiving a Notice to End Tenancy from the landlord, they are still entitled to full financial compensation and the additional support they are eligible for under the Tenant Assistance Policy.

3.3 Developing a Tenant Assistance Plan

For any renovation or redevelopment that requires relocation of existing tenants, the property owner must create a Tenant Assistance Plan that addresses the following issues:

• Early communication with the tenants • Appropriate compensation • Relocation assistance • Moving costs and assistance • Right of First Refusal.

The City has developed a Tenant Assistance Plan template that is available for applicant use. The template includes the required FOIPPA section 27(2) privacy notification which should be identified for tenants.

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3.4 Communication with Tenants

Applicants should communicate their intention to renovate or redevelop with tenants throughout the process prior to submitting any application to the City and continue to communicate throughout the process. The Tenant Assistance Plan should be developed with input from tenants and once finalized, the full plan should be communicated to tenants. Communication with tenants could include:

• A written letter or email sent by the applicants to all tenants outlining the proposed project and expected timeline

• Providing a primary point of contact for tenants • Providing the City’s Frequently Asked Questions (FAQ) handout sheet • Providing a Request for Tenant Assistance Form to tenants to identify tenant assistance needs • Informing tenants about the City’s Tenant Assistance webpage and the Residential Tenancy Branch

webpage • Ongoing communication regarding the process of the development and tenant assistance process at

each stage of the process (prior, during, and at the conclusion of the project) in the form of a meeting, letter, email, etc.

4.0 Tenant Assistance Plan for Market Rental Housing Development

The guidelines in this section are intended to be used for renovation or redevelopment in Market Rental Housing developments, as defined in section 3.1 Applicable Housing Types.

4.1 Compensation

Compensation should be given to displaced tenants. Compensation may take the form of free rent, a lump sum payment, or a combination of both.

For market rental housing, compensation is recommended to be based on length of tenancy at either:

(1) The higher of CMHC average rent for the City of Victoria (as identified in CMHC’s Annual Rental Market Report, adjusted annually and identified in Table 1 – Rental Compensation below) or the tenant’s existing rent; or

(2) Free rent in a different building

Table 1 - Rental Compensation

CMHC Average Rent5 Length of Tenancy

• Bachelor: $935 • 1BR: $1,086 • 2BR: $1,438 • 3BR+: $1,766

• Up to 5 years: 3 months’ rent • 5 to 9 years: 4 months’ rent • 10-19 years: 5 months’ rent • 20+ years: 6 months’ rent

5 CMHC Rental Market Report 2018

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For tenants receiving government or rental assistance where program eligibility is based on taxable income, such as BC Housing’s Rental Assistance Program (RAP), Shelter Aid for Elderly Renters (SAFER), Income Assistance, Disability Assistance, etc., compensation in the form of free rent in a different building is preferable.

4.2 Moving Expenses and Assistance

One of two options should be provided to displaced tenants, at the discretion of the landlord:

(1) An insured moving company may be hired by the applicant, with all arrangements and costs covered; or

(2) Flat rate compensation (based on unit size) provided to the tenant at the rate of:

• $500 for bachelor and one bedroom households • $750 for two bedroom households • $1,000 for three or more bedroom households

When a tenant is exercising the Right of First Refusal (Section 4.4), moving expenses should be provided for both the move out and return to the building.

4.3 Relocation Assistance

Tenant Relocation Coordinator

An experienced Tenant Relocation Coordinator should be hired or appointed by property owner or landlord to assist tenants with finding alternative rental housing options. A roster of local Tenant Relocation Coordinators can be found on the City’s webpage.

Once in place, the Tenant Relocation Coordinator’s contact information should be posted within the building in a conspicuous location, and they should be contactable at regular and consistent hours.

Alternate Housing Options

At least three housing options should be presented to the tenant(s). The units should be:

• Comparable in terms of size, location, and rent amount (unless otherwise agreed to by tenant) • Located in the Capital Regional District, with at least one in the same neighbourhood (unless the

tenant has indicated preference for another location) • Rent at no more than the Canadian Mortgage and Housing Corporation (CMHC) average rents for the

City of Victoria, or at a rate comparable to the tenant’s current rate if current rent is higher than CMHC average

• Tailored to the tenant wherever possible (e.g. pet friendly, accessible, smoke-free, etc.)

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4.4 Right of First Refusal

Tenants should be offered the Right of First Refusal, which is the right for the tenant being displaced to return to the building once renovations or redevelopment is complete. Returning tenants should be offered rents at 10% below starting market rents for the new units, with the following considerations:

• If a tenant’s current rent is higher than the proposed 10% below market rent level, the right of first refusal can be offered at the tenant’s current rental rate

• Tenants should be offered to be moved back to the building with moving expenses covered per Section 4.2

5.0 Tenant Assistance Plan for Non-Market Rental Housing Development

The guidelines in this section are intended to be used for renovation or redevelopment in Non-Market Rental Housing developments, as defined in section 3.1 Applicable Housing Types.

5.1 Compensation

Compensation should be given to displaced tenants. Compensation may take the form of free rent, lump sum payment, or a combination of both.

Compensation is recommended to be based on length of tenancy:

• Up to 5 years: 3 months’ rent • 5 to 9 years: 4 months’ rent • 10 to 19 years: 5 months’ rent • 20+ years: 6 months’ rent

In the case that compensation in the form of a lump sum payment may affect the tenants’ eligibility for housing, then compensation in free rent in a different building is preferred.

These guidelines may be flexible for non-market or social housing developments, where negotiating for reduced compensation for tenants may be possible (for example when tenants are relocated in comparable accommodation within an organization’s existing portfolio of affordable housing).

5.3 Moving Expenses and Assistance

Refer to Section 4.2.

5.4 Relocation Assistance

Tenant Relocation Coordinator

An experienced Tenant Relocation Coordinator should be hired or appointed by the property owner or landlord to assist tenants with finding alternative rental housing options. A roster of Tenant Relocation Coordinators can be found on the City’s webpage.

Once in place, the Tenant Relocation Coordinator’s contact information should be posted within the building in a conspicuous location and they should be contactable at regular and consistent hours.

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Alternate Housing Options

At least three housing options should be presented to the tenant(s), where securing housing for the tenant(s) is recommended. The alternate units should be:

• Comparable in unit size and type (unless otherwise agreed by the tenant) • Located in the Capital Regional District, with at least one in the same municipality • For tenants paying Rent-Geared-to-Income, rents are to be no higher than what the tenant is eligible

for under the current subsidy program • For all other tenants, rents are to be no more than the higher of either 30% of household gross income

or the tenant’s current rent at the time of development application • Tailored to the tenant wherever possible (e.g. pet friendly, accessible, smoke-free, etc.)

Preference should be given at the tenant’s discretion to (in priority sequence):

• Phased renovations or redevelopment where tenants can be relocated in stages to other properties on the site without ending tenancies

• A unit within the non-profit’s existing portfolio • A unit within another non-profit’s portfolio • Other forms of subsidized housing (e.g. a portable rental supplement)

5.5 Right of First Refusal

Tenants should be offered the Right of First Refusal, which is the right for the tenant being displaced to return to the building once renovations or redevelopment is complete.

• Applicants should provide all residents with the right of first refusal to return to the new development at rents described in section 5.4

• Tenants offered to move back to the building should have moving expenses covered at rates described in Section 4.3

• Projects proposing new social housing, or in instances where rental units are replaced with social housing, returning tenants must meet eligibility requirements for the new social housing units and any criteria described in a Council-approved Housing Agreement

6.0 Tenants Requiring Additional Assistance

This policy is particularly targeted towards tenants requiring additional assistance, for whom the impact of displacement may be more acute. Tenants requiring additional assistance may include (but not limited to):

• Long-term tenants who may be paying significantly below market-rent, and for whom entering the current market may present financial challenges

• Tenants with specific housing needs due to a disability (physical and/or mental health issues) • Seniors, who may be long-term tenants and living on a fixed income • Families with young children, who may have difficulty finding appropriate units • Newcomers (recent immigrants and refugees) • Households with very low (<$19,999) to low ($20,000 - $34,999) income

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• Self-reporting of additional assistance required by tenants (disclosure to the applicant on the reason for requiring assistance is NOT required)

The City may, at its discretion, request that additional financial compensation or support be provided to tenants requiring additional assistance. Additional supports could include:

• Providing additional compensation in the form of free rent, lump sum payments or a combination of both

• Hiring a Tenant Relocation Coordinator to assist individual tenants • Providing professional movers (costs and arrangements covered) and additional funds for moving

expenses • Working with non-profit agencies to offer alternative accommodation • Prioritizing rent-geared-to-income tenants for relocation assistance • Continued support for housing search options above the relocation assistance requirements • Identifying an alternative housing option that is within 10% of the tenant’s current rent, if the tenant

has a low income and is paying significantly lower than CMHC average rent for the area • Offering right of first refusal rents at 20% below starting market rents for the new units • For tenants in subsidized housing, right of first refusal units offered at existing rents in the new

building

7.0 Vacant Units

Special requirements apply where the rental building is vacant at the time of a rezoning application as a consequence of:

• A vacant possession having been a condition of property purchase; or • A Notice to Vacate issued without proper permits and necessary approvals in place.

In these cases, the rezoning application will need to be supplemented with additional information as requested by the City, which may include on request supporting documents and legal notices delivered to the tenants, so as to afford the City the ability to confirm and verify that the process by which the building was vacated was, to the best of their knowledge, carried out in compliance with this Policy and the RTA.

8.0 Procedure for Implementation, Documentation, and Final Report

Once the Tenant Assistance Plan has been approved by City staff and Council in a rezoning application, the applicant is responsible for communicating the plan to tenants, and for implementing the plan as described in this policy.

Throughout implementation, landlords should keep good records of communication with tenants, including housing options provided and offers and acceptances of alternate housing provided, and be able to produce these records to the City on request.

A final Tenant Assistance Report should be submitted prior to the issuance of an occupancy permit. The City has developed a Final Tenant Assistance Report template that is available for applicant use. At minimum, the report should include:

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• Names of tenants eligible for the Tenant Assistance Plan • A summary of the financial compensation and assistance given to each tenant (e.g. moving costs,

rent, etc.) • Outcome of their search for accommodation • Tenants who have exercised the right of first refusal

9.0 Freedom of Information and Protection of Privacy Act

This policy recognizes that for the Tenant Assistance Plan to operate effectively, tenants’ personal information will need to be collected, used and disclosed. Therefore, every tenant assistance plan will be administered in compliance with the following privacy requirements contained in the Freedom of Information and Protection of Privacy Act:

• Personal information can only be collected, used and disclosed for the purposes described in this policy

• Personal information must be protected at all times from unauthorized collection, use, access and disclosure

• Tenants must be made aware that providing their personal information is voluntary and non-disclosure does not prevent them from participating in the Tenant Assistance Plan

• Tenants have the right to know how their personal information is being used • Tenants have the right to access their personal information and to request corrections of it where

applicable • Tenants will not be asked to provide any personal information that is not necessary to assist them

under the Tenant Assistance Plan • Tenants’ personal information will not be retained longer than is necessary to assist them under the

Tenant Assistance Plan • Tenant Assistance Plans should not be forwarded to anyone, City staff or otherwise, not directly

involved in the completion, participation in, or evaluation of the plan.

Sustainable Planning and Community Development1 Centennial SquareVictoria, BC V8W 1P6

Tenant Assistance Plan

This form must be submitted with your rezoning or development application. For contact, please send questions to your development services planner.

SUMMARY: Instructions and steps for Developers and Property Owners

STEP 1BACKGROUND: Understand your rights and responsibilities as a landlord. Please review the documents in the background section pertaining to relocating tenants and the City’s rental replacement policies.

STEP 2 POLICY APPLICATION: Complete tenant impact assessment to determine the requirements of your application.

STEP 3

Complete application requirement, including:

a. Current Site Information

b. Tenant Assistance Plan

c. Tenant Communication Plan

d. Appendix A - Current Occupant Information and Rent Rolls (For office use only)

e. Appendix B - Correspondence with Tenants Communication (For office use only)

STEP 4 SUBMIT: Complete form and submit to:

a. Email digital copy of plan to housing@victoria.ca (include appendices)

STEP 5 REVISE: Applicant to update and return application requirements with staff input.

STEP 6FINALIZE: City staff to finalize the review and signs off application requirements and used as attachment for the Committee of the Whole report.

BACKGROUND: Rights and Responsibilities of Landlords and TenantsThe rights and responsibilities of landlords and tenants are regulated by the Province and is set out in the Residential Tenancy Act.

Please refer to the City of Victoria’s website for more information regarding the City of Victoria’s rental housing policies. Supporting documents include:

• Tenant Assistance Instructions and Checklist • Tenant Assistance Policy • Frequently Asked Questions • Sample Letter to Tenants • Request for Tenant Assistance Form and Privacy Guidelines • Final Tenant Assistance Report

POLICY APPLICATION: Tenant Impact Assessment to Determine the Requirements of your ApplicationAnswer the questions below to determine whether a plan is required with your application:

Tenant Impact Indicate: Application Requirement

Are you redeveloping or demolishing a building that will result in loss of existing residential units?

Yes NoIf yes, complete the next question.

Does your work require the permanent relocation of tenant(s) out of the building? Yes No

If yes, complete and submit a tenant assistance plan.

Do you have tenant(s) who have been residing in the building for more than one year?

Yes NoIf yes, tenants are eligible under the tenant assistance plan

If any are selected no, then a tenant assistance plan is not required as part of your application.

Site Address:

Owner Name:

Company Name:

Tenant Relocation Coordinator (Name, Position, Organization):

TENANT ASSISTANCE PLAN

A. Current Site Information

EXISTING RENTAL UNITSUnit Type # of Units Average Rents ($/Mo.)

Bachelor

1 BR

2 BR

3 BR

3 BR+

Total

B. Tenant Assistance Plan

For any renovation or redevelopment that requires relocation of existing tenants, the property owner must create a Tenant Assistance Plan that addresses the following issues:

• Early communication with the tenants

• Appropriate compensation

• Relocation assistance

• Moving costs and assistance

• Right of first refusal

The City has developed a Tenant Assistance Plan template that is available for applicant use. The template includes the required FOIPPA section 27(2) privacy notification which should be identified for tenants.

Please refer to the Tenant Assistance Policy with Tenant Assistance Plan guidelines for Market Rental and Non-Market Rental Housing Development.

Required under the Residential Tenancy Act

Notice to End Tenancies

A landlord may issue a Notice to End Tenancy only after all necessary permits have been issued by the City. In addition, landlords must give four months’ notice to end tenancies for renovation, demolition, and conversions. Tenants have 30 days to dispute the notice.

For more information, please refer to the Landlord Notice to End Tenancy.

Renovations and Repairs

Renovations and repairs must be so extensive that they require the unit to be empty in order for them to take place, and the only way to achieve the necessary emptiness or vacancy is by terminating a tenancy. The RTA and associated guidelines provide specific guidance pertaining to whether a landlord may end a tenancy in order to undertake renovations or repairs to a rental unit.

For more information, please refer to Ending a Tenancy for Landlord’s use of Property.

Right of First Refusal

In instances of renovations or repairs requiring vacancy, the RTA requires tenants be offered the right of first refusal to enter into a new tenancy agreement at a rent determined by the landlord. This right of first refusal applies only to a rental unit in a residential property containing 5 or more units, and there are financial penalties for non-compliance.

For more information, please refer to Tenant Notice: Exercising Right of First Refusal.

For full details, please check the Government of British Columbia website.

Tenant Assistance Plan Components

APPLICANT CITY STAFF

Tenant Assistance Plan

Did the Applicant

meet policy?

Date: dd/mm/yyyy dd/mm/yyyy

Compensation

Please indicate how you will be compensating the tenant(s).

Yes

No

Moving Expenses

Please indicate how the tenant(s) will receive moving expenses and assistance.

Yes

No

Relocation Assistance

Please indicate how the tenant(s) will receive relocation assistance.

Yes

No

Right of First Refusal

Please indicate whether the applicant is offering right of first refusal to the tenant(s). Please indicate your reasoning.

Yes

No

Tenants Requiring Additional Assistance

Please indicate whether there are tenants requiring additional assistance. If so, please indicate how the applicant plans to provide additional support.

Yes

No

Other Comments

Tenant Communication Plan Components

APPLICANT

Tenant Communication Plan

Date: dd/mm/yyyy

How and when did you inform tenants of the rezoning or development application?

How will you be communicating to tenants throughout the rezoning or development application (including decisions made

by Council)?

What kind of resources will you be communicating to your tenants and how will you facilitate tenants in accessing these resources?(Please see the City’s website for a list of resources)

Have tenant(s) confirmed with you whether they request assistance? If so, please indicate the staff responsible or whether a third-party service is requested.

Other communications notes:

FINAL TAP Review - [For City Staff to complete] Application received by ____________________________________________________ (City Staff) on _________________________ (Date)

Staff Comments on final plan:

Did the applicant meet TAP policy? Yes No

To protect tenant information, the appendices is only submitted with the Tenant Assistance Plan to housing@victoria.ca. For contact, please send questions to your development services planner.

The Tenant Assistance Plan includes the collection, use and disclosure of tenants’ personal information for the purpose of achieving the goals contained in the Tenant Assistance Policy and guidelines. The collection, use and disclosure of tenants’ personal information must comply with the Freedom of Information and Protection of Privacy Act (FOIPPA). Privacy requirements for compliance with FOIPPA have been adopted and expressed in privacy language in Tenant Assistance Plan documentation to ensure continued compliance.

For privacy compliance, please have: • Applicants and tenants review and sign the Tenant Assistance Policy Compliance with FOIPPA • Tenants fill and sign the Request for Tenant Assistance to return to applicant

Sustainable Planning and Community Development1 Centennial SquareVictoria, BC V8W 1P6

Tenant Assistance Plan- Appendices

APPENDIX A: Current Occupant Information and Rent Rolls (For office use only)

Please attach the current tenant information and rent rolls as Appendix A.

All Units (existing and former tenants within the past year)

Apartment Unit

Number

Bedroom Type

(Bachelor, 1 BR, 2

BR etc.)

Tenant Name

(if none, list as

vacant with reason

for end of previous

tenancy)

Does the Tenant Require

Additional Assistance

(Y/N)? If yes, what

additional support?

Start Date of

Tenancy

Current Monthly

Rent Amount

Note: Appendix A will be kept confidential. Please ask City staff for additional Current Tenant Information and Rent Rolls if needed.

APPENDIX A: Current Occupant Information and Rent Rolls (For office use only)

Apartment Unit

Number

Bedroom Type

(Bachelor, 1 BR, 2

BR etc.)

Tenant Name

(if none, list as

vacant with reason

for end of previous

tenancy)

Does the Tenant Require

Additional Assistance

(Y/N)? If yes, what

additional support?

Start Date of

Tenancy

Current Monthly

Rent Amount

Note: Appendix A will be kept confidential. Please ask City staff for additional Current Tenant Information and Rent Rolls if needed.

APPENDIX B: Correspondence with Tenants (For office use only)The applicant is responsible for submitting a copy of all written correspondence and notification to tenants to City staff as Appendix B. For more information on supporting your tenants through development process, see the Tenant Assistance Policy Guide.

TENANT ASSISTANCE POLICY COMPLIANCE WITH THE

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

The City of Victoria’s Tenant Assistance Plan (TAP) collects tenant personal information to assist them to find new, comparable, accommodations. Collecting tenant personal information requires the City and developers’ Tenant Relocation Coordinators to collect in compliance with the Freedom of Information and Protection of Privacy Act (FOIPPA). Following these privacy guidelines will maintain the required compliance. Collection: Appendix A of the Tenant Assistance Plan (TAP) collects this personal information, tenant name, length of tenancy, dependents and needs and vulnerabilities (e.g. fixed income, affordable housing, disabilities). Section 26 of FOIPPA lists all the purposes in which personal information may be collected. Helping tenants find new, comparable, accommodations is the only purpose for collecting their personal information. This purpose complies with section 26(c) that states: “the information relates directly to and is necessary for a program or activity of the public body”. Tenants’ personal information cannot be used for any other purposes. Use: Tenant’s personal information must comply with section 32(a) of FOIPPA that states, “it must be for the purpose for which that information was obtained or compiled, or for a use consistent with that purpose (see section 34)”. The purpose is the same as that in which it was collected under section 26(c). There are no consistent purposes under the TAP program. Tenant’s personal information can only be used to provide the assistance that the TAP program provides. Disclosure: FOIPPA list only those reasons in which personal information may be disclosed and it can only be disclosed to individuals inside Canada. The tenants’ personal information can only be disclosed in accordance with section 32.2(a) that states, “for the purpose for which it was obtained or compiled”. In other words, disclosure is only to those who require it in order to perform work that “relates directly to and is necessary for” delivering the assistance available under TAP (e.g. on a “Need to Know” basis). Accuracy: FOIPPA requires that “every reasonable effort” be employed to collect personal information. When tenants complete a tenant letter, they need to review the personal information they provide to confirm it is correct. Also, double for accuracy when transcribing from the letters to Appendix A. Correction: Tenants can request to review and correct their personal information at any time including a year after the decision is implemented regarding the assistance they received under TAP. The City will provide the access, therefore, developers do not need to retain their tenant records for a year.

Protection: Every reasonable effort must be made to protect tenant information from unauthorized collection, use, disclosure, access or premature destruction. This includes password protecting tenant information, keeping it separate from other information, keeping it in one location, limiting access (need to know) and not sharing it unencrypted are all reasonable security efforts. Storage and Access: FOIPPA requires that the tenant personal information be stored and accessed only from within Canada. Storing it on a cloud service provider, even one in Canada, is still likely to allow access from the US. Keeping it in a secure electronic folder with only one person with access is the most FOIPPA compliant. Retention: Personal information is only kept for as long as it is operational required. Under TAP it can only be kept for one year after a decision has been made and implemented regarding the assistance a tenant us eligible for under TAP. After that, tenant letters must be destroyed so they cannot be reconstituted and the personal information in Appendix A must be aggregated so that specific individuals cannot be identified. I have read and understand my responsibilities with regard to compliance with FOIPPA as explained above Signature: _____________________________ Print Name:__________________________ Date:________

I, (Printed name of person giving consent)

of (Address) authorize (name of landlord or tenant relocation coordinator) to disclose the personal information listed below to the City of Victoria for the purpose of completing a Tenant Assistance Plan required by the City as part of the owner’s application to re-zone the property. The information will allow City staff to evaluate the level of compensation and assistance proposed for the tenants affected by the proposed redevelopment against the City’s Tenant Assistance Policy.

Sustainable Planning and Community Development1 Centennial SquareVictoria, BC V8W 1P6

Request forTenant Assistance

SUMMARY: Instructions and Steps for Tenants

STEP 1BACKGROUND: Understand your rights and responsibilities as a tenant. Please review the documents in the background section pertaining to relocating tenants and the City’s rental replacement policies.

STEP 2 REQUEST FOR TENANT ASSISTANCE: Tenant to indicate eligibility and request for tenant assistance to landlord.

STEP 3

Landlord to complete the draft tenant assistance plan requirement and confirm with tenants, including:

a. Current Site Information

b. Tenant Assistance Plan

c. Tenant Communication Plan

d. Appendix A: Current occupant information and rent rolls (For office use only)

e. Appendix B: Correspondence with tenants (For office use only)

STEP 4 SUBMIT: Save and return this completed form to the Landlord as part of the Tenant Assistance Plan

STEP 5 FINALIZE: City staff to finalize the review with Landlord and signs off application requirements

BACKGROUND: Rights and Responsibilities of Landlords and TenantsThe rights and responsibilities of landlords and tenants are regulated by the Province and is set out in the Residential Tenancy Act.

Please refer to the City of Victoria’s website for more information regarding the City of Victoria’s rental housing policies. Supporting documents include:

• Tenant Assistance Instructions and Checklist • Tenant Assistance Policy • Tenant Assistance Plan • Frequently Asked Questions • Sample Letter to Tenants • Final Tenant Assistance Report

REQUEST FOR TENANT ASSISTANCE: Tenant ConfirmationThe collection of your personal information requested below is for the purpose of assisting find new housing that matches your current needs and financial circumstances as closely possible. Providing your personal information is voluntary and will not prevent you from participating in the Tenant Assistance Program, but it may be more difficult to assess your needs. The legislated authority to collect your personal information is section 26(c) of the Freedom of Information and Protection of Privacy Act. If you require additional information about the collection of your personal information please contact the Housing Planner with Community Planning at 250.361.0382 or housing@victoria.ca.

Do you wish to participate? If yes, please complete the form.Yes No

Answer the questions below to confirm eligibility with the landlord and city staff:

Tenant Impact Indicate: Application Requirement

Are you a tenant who currently lives in a unit that is being rezoned for redevelopment?

Yes NoIf yes, continue to next question. If no, then a Tenant Asistance Plan is not required.

Are you a tenant who will be permanently relocated out of your building as a result of demolition or redevelopment?

Yes NoIf yes, continue to next question. If no, a Tenant Assistance Plan is not required.

Are you a tenant who have been residing in the current building for one or more years?

Yes NoIf yes, tenants are eligible for compensation and relocation under the tenant assistance plan. If no, a Tenant Assistance Plan is not required.

Do you require tenant assistance in finding alternate accommodations?

Yes NoIf yes, complete the information below. If you do not require any assistance, please indicate no and sign off at the end of the page.

Are you a tenant requiring additional assistance*? Yes NoIf yes, indicate any information that would help serve the appropriate assistance (at the tenant’s discretion and not required).

Please indicate any information below to consider for appropriate relocation assistance:

Other comments:

Tenant Name:

Date:

Unit Number:

Signature:

*Tenants requiring additional assistance may include (but not limited to):• Long-term tenants who may be paying significantly below market-rent, and for whom entering the current market may present financial challenges• Tenants with specific housing needs due to a disability (physical and/or mental health issues)• Seniors, who may be long-term tenants and living on a fixed income• Families with young children, who may have difficulty finding appropriate units• Newcomers (recent immigrants and refugees)• Households with very low (<$19,999) to low ($20,000 - $34,999) income• Self-reporting of additional assistance required by tenants (disclosure to the applicant on the reason for requiring assistance is NOT required)

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Sample Letter to Tenants

(DATE) Dear Tenant, The property located at (SITE ADDRESS) is owned by (OWNER). On behalf of the owner, (COMPANY NAME) is coordinating a development application for the property that if approved, would require the relocation of current tenants. Our goal is to provide support to existing tenants by providing assistance in finding new housing and the moving process. In keeping with the City of Victoria’s Tenant Assistance Policy, if the development application (APPLICATION NUMBER) for the site is approved, tenants will receive:

1. at least four months’ notice prior to eviction, to be initiated after the development application has been approved and all permits are in place;

2. rental compensation based on length of tenancy; 3. compensation for moving expenses; and 4. a tenant relocation coordinator to provide assistance in finding appropriate housing,

including identifying a minimum of three comparable units as similar as the current accommodation as possible. At least one prospective unit will be sought in the same neighbourhood.

5. a right of first refusal back offer back into the new building at a discounted rate (if applicable)

Tenant Assistance Plan We will go above British Columbia’s Residential Tenancy Act requirements for ending a tenancy to ensure that this process is as stress-free as possible. When assisting tenants in finding appropriate housing, factors pertaining to individual tenants such as ability to pay, household size, and presence of pets will be taken into consideration to help find the most appropriate housing available. Please respond to the Request for Tenant Assistance form (attached) stating any household needs that should be included on the Tenant Assistance Plan. Specifically, existing tenants may require additional assistance that would make the potential impacts of this move felt more acutely. Tenants requiring additional assistance may include (but not limited to):

• Long-term tenants who may be paying significantly below market-rent, and for whom entering the current market may present financial challenges

• Tenants with specific housing needs due to a disability (physical and/or mental health issues)

• Seniors, who may be long-term tenants and living on a fixed income • Families with young children, who may have difficulty finding appropriate units • Newcomers (recent immigrants and refugees) • Households with very low (<$19,999) to low ($20,000 - $34,999) income • Self-reporting of additional assistance required by tenants (disclosure to the applicant on

the reason for requiring assistance is NOT required) Once the information regarding needs and additional assistance is received from tenants, it will be integrated into the Tenant Assistance Plan that will be submitted to the City of Victoria with the

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development application. If you chose to provide your personal information, the City of Victoria and the application’s tenant relocation coordinator will manage it in accordance with the Freedom of Information and Protection of Privacy Act and it will not be used for any other purposes. Communication Plan We will provide you with project updates that will help give you unofficial notice in advance of the four months of official notice. This includes a copy of the draft and final Tenant Assistance Plan that will be submitted to the City of Victoria as part of the development application. All current tenants will be provided with the contact information for the designated tenant relocation coordinator. Sincerely, (NAME) (CONTACT INFORMATION)

The collection of your personal information requested below is for the purpose of assisting find new housing that matches your current needs and financial circumstances as closely possible. Providing your personal information is voluntary and will not prevent you from participating in the Tenant Assistance Program, but it may be more difficult to assess your needs. The legislated authority to collect your personal information is section 26(c) of the Freedom of Information and Protection of Privacy Act. If you require additional information about the collection of your personal information please contact the Housing Planner with Community Planning at 250.361.0382 or housing@victoria.ca

Tenant Resources For Rental Housing

What are my rights as a tenant?

What is the Tenant Assistance Policy?

Who can I contact if I have concerns about my tenancy?

Who do I contact if I need extra support for rental housing?

Landlord and tenant agreements are under the Residential Tenancy Act (RTA). All forms, recent changes to the RTA, and other tenancy rules can be found on the Provincial Government’s website:https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/changes-to-tenancy-laws

The City of Victoria has implemented a Tenant Assistance Policy to augment the RTA, for when renters are required to move because their building is being rezoned for redevelopment. The City’s website contains information on City policies and applications for tenants:https://www.victoria.ca/EN/main/residents/housing/protecting-tenants-and-rental-housing.html

For concerns related to a rezoning or development permit application, please consider contacting the City of Victoria Development Services Planner in your assigned neighbourhood:https://www.victoria.ca/EN/main/residents/planning-development/development-services/contacts.html

For concerns related to renovation or building permits for a rental building, please consider contacting the City of Victoria Permits and Inspections division at: https://www.victoria.ca/EN/main/residents/planning-development/permits-inspections.html

For concerns related to tenant rights (deposits, late fees, disputes, etc.), please consider contacting Tenant Resource and Advisory Centre (TRAC) at 604-255-0546 or 1-800-665-1185 (toll free) or visit their website at:http://tenants.bc.ca/

For face-to-face legal advocacy for people with tenancy issues (eviction notices, return of security deposits, lack of service and repairs, etc.) please consider contacting Together Against Poverty Society (TAPS) at 250-360-3521 or visit their website at:https://www.tapsbc.ca/

For dispute resolutions and other legal inquiries, the Provincial Government’s Residential Tenancy Branch can be contacted at 604-660-1020 or 1-800-665-8779 (toll free) or HRSTO@gov.bc.ca or through their website at:https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/contact-the-residential-tenancy-branch

BC Housing has a list of non-market rental buildings and co-ops within Greater Victoria and information on how to apply for subsidized housing. Housing listings can be found at:https://www.bchousing.org/housing-assistance/rental-housing/housing-listings

BC Housing’s Subsidized Housing program can be found at: https://www.bchousing.org/housing-assistance/rental-housing/subsidized-housing

For rental subsidy programs, BC Housing also has the Rental Assistance Program (RAP) for low-income working families and Shelter Aid for Ederly Renters (SAFER) for low-income seniors (60+ years old). Programs can be found at: https://www.bchousing.org/housing-assistance/rental-assistance

All BC Housing inquiries can be contacted at 604-433-2218 or 1-800-257-7756 (toll free)

Sustainable Planning and Community Development1 Centennial SquareVictoria, BC V8W 1P6

Who can I contact for housing?

Other Resources

Capital Regional Housing Corporation develop and manage affordable housing within the capital regional for low income households. For applications to subsidized and non-subsidized (market) housing, please visit:https://www.crd.bc.ca/crhc/applying-for-housing/applying-for-subsidized-housing

M’akola Housing Society is the largest Indigenous affordable housing provider in British Columbia and manges more than 1,600 homes serving both indigenous and non-Indigenous people. For applications, please visit:http://makola.bc.ca/applicants/

Pacifica Housing also owns and/or operates portfolio of affordable rental housing aimed at low and moderate income individuals, families, and people with disabilities. For applications, please visit:https://pacificahousing.ca/apply-for-housing/

Greater Victoria Housing Society offers subsidized and non-subsidized (market) housing for a range of incomes and tenants. For applications, please visit: https://greatervichousing.org/how-to-apply/

Victoria Cool Aid Society provides a wide range of housing, including emergency shelters & transitional housing, supportive housing, seniors housing, and affordable housing. For more information, please visit:https://coolaid.org/how-we-help/housing/

Threshold Housing Society works to prevent adult homelessness by providing safe housing, support services, and commmunity to at-rish youth. For applications, please visit:http://thresholdhousing.ca/find-housing/

There are other organizations that may offer services on tenancy and finding rental housing that may not be listed here. Check back periodically for an updated list.

Renting it Right in British Columbia offers a course and resources to finding a home and enter into a tenancy, as well as learning about tenants’ and landlords’ rights and responsibilities. Website can be reached at:https://www.rentingitright.ca/

Renoviction information provided by the BC Province identifies requirements for a landlord to end a tenancy for extensive renovations or repairs. For more information, please visit:https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/renovictions

BC Ministry of Social Development and Poverty Reduction provides income or disability assistance for those in need and have no other resources. This can help support tenant’s transition to employment. Information can be found at:https://www2.gov.bc.ca/gov/content/family-social-supports/income-assistancehttps://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/eligibility/assets-and-exemptions

Who do I contact if I need extra support for rental housing?

City of Victoria Final Tenant Assistance Report

Sustainable Planning and Community Development 1 Centennial Square Victoria BC, V8V 1P6

Date: Site Address:

Development Permit #: Property Owner: Signature:

The Final Tenant Assistance Report should be submitted prior to or with the Occupancy Permit Application. Attach copies of all communication with tenants.

ELIGIBLE TENANT ASSISTANCE OUTCOME SUMMARY

Unit # Tenant Name

Move-in

Date

Monthly Rent

Tenant Assistance Plan Outcome

Total Compensation Paid to Tenant

($)

Move out Date

Did the Tenant require assistance finding alternative accommodation?

If yes, please summarize efforts including options provided and

area tenant relocated to with the starting rent of their new unit.

Did the Tenant require additional support and/or compensation due

to special circumstances?

If yes, summarize compensation including assistance in identifying alternate accommodation within 10% of current rent if requested.

*Returning Tenants To

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Uni

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Uni

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***Please press TAB at the very last cell to insert a new row. CONFIRMATION OF AVERAGE RENTS IN NEW OR RENOVATED BUILDING

Unit Type Project Average Rent Total # of Units Studio 1 bed 2 bed 3 bed

Total All Unit Types

T 250.361.0382 E housing@victoria.ca

Final Tenant Assistance Report